Report of the Joint select committee appointed to inquire into the condition of affairs in the late insurrectionary states, so far as regards the execution of laws, and the safety of the lives and property of the citizens of the United States and Testimony taken.

ALABAMA-SUB-COMMITTEE. 1779
Answer. I know he was; if he had come over here on the 13th of August he would
have had a dozen bullets put into his belly. There is no doubt about that. I am glad
he didn't come.
Question. Did any of those on the republican State ticket come here except Governor
Smith, to make a speech?
Answer. No, sir; he was the only one I heard of.
Question. Was he insulted on that occasion?
Ansrer. Yes, sir; I beard of it. Judge Dillard, the chancellor of the fifth division,
told me he was. HIe was at one time judge of probate, and I call him judge. He is
now chancellor.
Question. Did not the same influences which prevented speaking in the county, also
prevent the freedom of the electors in voting?
Answer. Of course it did. The negroes around my town I have been acquainted
with a long time, and I wanted them to scatter some tickets for mue; I thought I
lmight do the people of some portions of Sumter County some good in the legislature; but
they told me they were afraid to do it; and on the day of the election some of them I did
get to ride out on the road and scatter tickets among those coming in of the colored population, told me they were interrupted and threatened with violence if they didn't
stop that sort of business. None of these men spoke to me or said a word about it to
me; I gave the negroes the tickets from my office. Crowds of negroes would ride
up there and get tickets. They would threaten the negroes but never threatened me.
They knew better than to come around me and talk about anything of that sort. I
never heard a word at all. I-didh't see anything of the intimidation, but from the
way the election went I am satisfied that there was; if not intimidation by open violence or anything of that sort it was by underhanded, sly means that prevented them
from voting as they wished, freely, and openly; with boxes where two hundred or three
hundred negroes were to vote in this county and not a single republican vote in the
box-what does that show? To any man that has a thimble-full of sense, it shows
that there must be something working to prevent it; because there would certainly
be two or three negroes would vote the republican ticket. But there was not a single
one, with two or three hundred voters who had previously voted the republican ticket.
By Mr BLAIR:
Question. In regard to this place of probate judge, I understand that Judge Abrahams
was appointed to fill a vacancy by the governor; was he not?
Answer. Yes, sir; I believe he was.
Question. What is the constitutional provision, when an appointment is made to fill
a vacancy by the governor?
Answer. I don't remember.
Question. Is it that he shall fill the vacancy till the general election?
Answer. I believe that is it; or, till his successor is elected.
Question. He was appointed immediately after the first election; the man Lane, who
was elected, had gone back home with his carpet-bag, had he not?
Answer. I don't know whether he had a carpet-bag or not; he had a very portly
belly as I recollect. I didn't see his carpet-bag.
Question. He supposed the constitution would be defeated and went home?
Answer. I think he went home before he found out whether the constitution was defeated or not.
Qu,,esfion. I think you are mistaken in that, as we have his letter in evidence in which
he announced to his friends here that the constitution having been rejected, and he
thereby not being able to get the office to which he was elected, he was going back to
Ohio.
Ansner. That may be so. I cannot recollect correctly, though.
Question. And Judge Abrahams was appointed to fill that vacancy?
Answer. Yes, sir.
Question. Because the officer elected had not qualified?
Answer. No, sir. Lane didn't qualify.
Question. And it was held that the provision of the constitution which allowed the
governor to appoint until the next general election would terminate Abrahams's office
at the election of 1870?
Answer. No, sir.
Question. That was the general election; was it not?
Answer. No, sir; not for judge of probate. The election at which Lane was elected
was in February, 1863. He left after that at some time and left a vacancy in the probate office; in fact, he never filled it. Some other appointee of Parsons before that,
filled it. He left in 1868. The judicial elections happen every six years, and thnt,
would make it 1874 for the next election of judge of probate.
Question. I understand that was the view of the question taken by some persons
Others contended that the office should be filled at the next general election?
lAnswer. General election for judicial officers.